What is Inheritance Law?
When a person dies, the written document specifying to whom and in what proportion the inheritance will be distributed is called the “Inheritance Declaration.” The inheritance decision is also known as the Inheritance Certificate. This is a concept already included in the Inheritance Law No. 4721 of the Medical Law No. 598. It is referred to as the “Inheritance Certificate” in the article.
How are inheritance proceedings conducted?
There are two ways to draw up an inheritance certificate or will. One is to apply to the Criminal Court of Peace, and the other is to request a will from a notary. However, although drawing up a will from a notary may seem easier, it is only possible under certain conditions. Accordingly, there should be no foreign nationality among the heirs. If there is a foreign nationality element among the heirs, the inheritance can only be removed from being a crime by the Criminal Court of Peace. In other words, if one of the heirs does not reside in Turkey or is a foreign national, a will cannot be obtained from a notary if they are a foreign national.
The Concept of Inheritance Law
An inheritance decision is an inheritance document issued by a court decision or through a notary to determine the heirs of the deceased person. To issue an inheritance decision, it is necessary to be a legal or appointed heir. For legal heirs, the fact of being an heir can only be proven by presenting an identity document. However, for appointed heirs, an additional document must be presented before a notary or court to prove that they are heirs.
The inheritance decision or inheritance certificate specifies who the heirs are and the shares they will receive from the inheritance. In this way, the heirs are entitled to the inheritance in the proportion specified in the inheritance decision for the movable or immovable property and receivables of the deceased.
It is possible to object to the inheritance case decision or the inheritance certificate issued. There is no statutory limitation period for appealing against an inheritance case decision. Persons wishing to appeal against an inheritance case decision must apply to the court. If no appeal is lodged, it is assumed that the heirs accept the provisions of the inheritance case decision and that the inheritance is distributed according to these proportions.